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Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015-2016 (No. 5)

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015-2016 (No. 5)

Administered by Department of Finance

Legislation au F2016L00454 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Public Governance, Performance and Accountability Act 2013

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015‑2016 (No. 5) (the amendment determination)

Purpose of the determination

The amendment determination is made under section 75 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act) to amend Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2015‑2016 (the primary determination), dated 30 October 2015, and amended by:

 Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015‑2016 (No. 1), dated 5 November 2015;

 Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015‑2016 (No. 2), dated 11 November 2015;

 Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015‑2016 (No. 3), dated 13 November 2015; and

 Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015‑2016 (No. 4), dated 19 January 2016;

to adjust amounts appropriated to non-corporate Commonwealth entities, in response to the Administrative Arrangements Order (AAO) made on 18 February 2016.

The amendment determination modifies Appropriation Act (No. 3) 2015‑2016 to support functions transferring from the Department of the Environment to the Department of the Prime Minister and Cabinet, in relation to population policy.

The amendment determination results in no change to the total amount appropriated by Parliament.

Commencement

The amendment determination commences on 1 April 2016.

Authority for the determination

Section 75 of the PGPA Act enables the Finance Minister to determine that one or more Schedules to one or more Appropriation Acts are modified in a specified way in relation to the transfer of a function from one non-corporate Commonwealth entity to another.

Under section 107 of the PGPA Act, the Finance Minister has delegated the power to make determinations under section 75 to the Secretary of the Department of Finance. Under section 109 of the PGPA Act, the Secretary has, in turn, sub‑delegated this power to certain officials within the Department of Finance, including the official who made the determination.

The amendment determination amends Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2015‑2016, which is a legislative instrument for the purposes of section 8 of the Legislation Act 2003.

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is not required for the amendment determination. Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires a Statement of Compatibility with Human Rights for all legislative instruments subject to disallowance under section 42 of the Legislation Act 2003. A determination, including an amendment determination, under section 75 of the PGPA Act is exempt from disallowance under subsection 75(7) of the PGPA Act. As such, a Statement of Compatibility with Human Rights is not required.

Consultation

Consistent with Chapter 3, Part 1 of the Legislation Act 2003, the affected entities were consulted in the preparation of the amendment determination.

Summary of Modifications

Item 1 amends the definition of Appropriation Act, in section 4 of the primary determination, to include all 2015‑2016 Appropriation Acts to date.
Item 2 of the amendment determination adds section 8 that applies to appropriation items in Schedule 1 to Appropriation Act (No. 3) 2015‑2016.
A paragraph is included in section 8 stating that when there is an increase for an appropriation item for a gaining entity, where the appropriation only has effect because of the determination, the increase is applied to a nil amount. For example, this situation may arise where an entity gains an appropriation item not included in a previous Appropriation Act.
While the table in the amendment determination is stated in the $thousands ($’000), the table below sets out the individual transfer amounts and the resulting aggregate amount in dollars and cents for each appropriation item listed. A positive amount reflects an increase in an appropriation item, and a negative amount reflects a decrease in an appropriation item.
The table at subsection 8(2) affects relevant appropriation items in Schedule 1 to Appropriation Act (No. 3) 2015‑2016 in the following way, which results in no change to the total amount appropriated by Parliament.

Item

Entity

Appropriation item

Primary Determination ($)

Transfer

Increase (+) / decrease (-)

($)

Amendment Determination ($)

Department of the Prime Minister and Cabinet

Departmental item

0.00

+1,498,000.00

Department of the Environment

Departmental item

0.00

-1,498,000.00

Overview

The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015-2016 (No. 5) was enacted under section 75 of the Public Governance, Performance and Accountability Act 2013 to amend the primary determination and adjust appropriations to non-corporate Commonwealth entities in response to the Administrative Arrangements Order made on 18 February 2016. The Act was introduced to address the need for timely and effective appropriation transfers following changes in administrative arrangements. This amendment determination was made by the Secretary of the Department of Finance, who has been delegated the power to make such determinations by the Finance Minister. The objective of this amendment is to ensure that the appropriation amounts are appropriately adjusted to reflect the transfer of functions, without altering the total amount appropriated by Parliament. The amendment determination came into effect on 1 April 2016, and it modifies the Appropriation Act (No. 3) 2015-2016 to support functions transferring from the Department of the Environment to the Department of the Prime Minister and Cabinet, specifically in relation to population policy.

Scope and Application

The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015-2016 (No. 5) applies to non-corporate Commonwealth entities within the Australian federal government, specifically those impacted by the transfer of functions as outlined in the Administrative Arrangements Order made on 18 February 2016. This amendment determination is made under section 75 of the Public Governance, Performance and Accountability Act 2013 and modifies the Appropriation Act (No. 3) 2015-2016 to reflect the transfer of population policy functions from the Department of the Environment to the Department of the Prime Minister and Cabinet. The amendment results in no overall change to the total amount appropriated by Parliament, as increases for the gaining entity are balanced by decreases for the losing entity. The amendment determination is applicable nationally across Australia and commenced on 1 April 2016, with the authority for the determination stemming from section 75 of the PGPA Act and being executed by officials within the Department of Finance. There are no stated exclusions, exemptions, or thresholds in this amendment, and no subordinate instruments extend or restrict its application.

Key Provisions

The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015-2016 (No. 5) amends the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2015-2016, primarily affecting appropriations related to transfers between non-corporate Commonwealth entities. Specifically, the amendment responds to the Administrative Arrangements Order of 18 February 2016 by adjusting appropriations from the Department of the Environment to the Department of the Prime Minister and Cabinet concerning population policy. The amendment modifies Appropriation Act (No. 3) 2015-2016, ensuring that while the total amount appropriated by Parliament remains unchanged, the reallocation of funds between these departments is adjusted accordingly. The amendment determination imposes specific obligations on the involved entities, primarily ensuring compliance with the reallocated appropriations as outlined in the amendment. The Department of the Prime Minister and Cabinet, which gains the appropriation item, must account for the increased funding as specified. Conversely, the Department of the Environment, which loses the appropriation item, must reflect the decreased funding. This reallocation ensures that financial resources are correctly aligned with the functions transferred under the Administrative Arrangements Order. Failure to comply with the provisions of the amendment determination may lead to various civil or administrative consequences. Although the determination itself does not explicitly outline penalties for non-compliance, breaches of the PGPA Act, under which this determination is made, can result in substantial fines and other consequences. For instance, non-compliance with the PGPA Act can lead to penalties that may include fines of up to 5,000 penalty units for individuals and 25,000 penalty units for bodies corporate, as prescribed by the Crimes Act 1914. These penalties underscore the importance of adhering to the appropriations and reallocations specified in the amendment determination.

Area of Law: Public Governance, Performance and Accountability
Instrument: Determination
Concepts: Commencement Provisions; Repeal & Amendment; Transitional Provisions
Catchwords: Appropriation Act

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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